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  • Commonwealth v. Derrickson

    Publication Date: 2020-11-16
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1238

    The trial court did not err in resentencing defendant, who was a juvenile when he committed second-degree murder, to a maximum sentence of life in prison since Pennsylvania precedent establishes that 18 Pa.C.S. §1102(b) must be interpreted to require a maximum sentence of life imprisonment for juveniles convicted of such an offense. The superior court affirmed defendant's judgment of sentence.

  • Commonwealth v. Mickley

    Publication Date: 2020-10-05
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1066

    Pursuant to Commonwealth v. Torsilieri, defendant was entitled to a hearing on his post-sentence motion for relief with the presentation of evidence regarding Pennsylvania's Sex Offender Registration and Notification Act and relevant legislative policy decisions impacting sexual offenders' constitutional rights. The superior court reversed and remanded.

  • 2303 Bainbridge, LLC v. Steel River Building Sys., Inc.

    Publication Date: 2020-09-21
    Practice Area: Dispute Resolution
    Industry: Construction | Manufacturing
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1021

    The trial court did not abuse its discretion in finding that venue was proper in Philadelphia County, pursuant to 42 Pa.C.S. §7319(1), in an appeal from an arbitration award where multiple arbitration hearings took place in Philadelphia prior to plaintiff's filing of a petition for relief in Montgomery County. The superior court affirmed.

  • K.T.R. v. L.S.

    Publication Date: 2020-09-07
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0976

    Father appealed custody decision before trial court rendered its reconsidered decision and court found father's appeal was premature pursuant to Pa.R.C.P. 1930.2(e). Appeal quashed.

  • In the Interest of N.S.

    Publication Date: 2020-08-31
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0947

    Trial court erred in finding that removing minor from mother's custody was a "clear necessity" because mother had not sought to remove minor from hospital against medical advice, had followed treatment recommendations from minor's treatment team and Department of Human Service's argument that mother might remove minor from residential treatment was unfounded. Reversed.

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  • Scalla v. KWS, Inc.

    Publication Date: 2020-08-31
    Practice Area: Products Liability
    Industry: Manufacturing
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0937

    Petition to reopen default judgment denied where defendant failed to timely file its petition and had not provided a reasonable explanation for its default nor provided a meritorious defense. Order of the trial court affirmed.

  • Commonwealth v. Vo

    Publication Date: 2020-07-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0789

    Dismissal of PCRA petition without a hearing vacated where PCRA court failed to provide defendant with notice of intent to dismiss, such that defendant was denied opportunity to raise objections or additional issues and instead improperly raised them for the first time on appeal. Order of the PCRA court vacated, case remanded.

  • Commonwealth v. Luster

    Publication Date: 2020-07-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0771

    Trial court erred in admitting minor sexual abuse victim's forensic interview recording under the Tender Years Hearsay Act where commonwealth waited until eve of trial to provide defendant with notice of the commonwealth's intent to introduce the video. Judgment of sentence vacated, case remanded for a new trial.

  • Commonwealth v. Tyler

    Publication Date: 2020-07-06
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0694

    Defendant's motion for DNA testing under 42 Pa.C.S. §9543.1 constituted a separate and distinct litigation from his appeal from an unsuccessful Post Conviction Relief Act petition; therefore, the PCRA court erred in finding that it lacked jurisdiction to address his motion due to a pending PCRA appeal. The superior court affirmed defendant's judgment of sentence after considering the merits.

  • In the Interest of: T.M.W.

    Publication Date: 2020-06-08
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0590

    Trial court erred in involuntarily terminating parental rights and changing permanency goal to adoption where parent was in substantial compliance with service plan and Department of Human Services' failure to notify mother of specific deficiencies in her compliance efforts meant that DHS failed to provide reasonable efforts to reunify parent and child. Order of the trial court reversed, case remanded.